The duration for filing a patent application in China based on the PCT is 30 months from the date of priority, with the option to extend for two additional months.
Filing requirements in China
The official language for the patent registration procedure in China is Chinese. If materials are initially filed in another language, a translation into Chinese must be provided to CNIPA before the expiration of the 30-month term from the priority date (or 32 months with the extension). The application should include details of the applicant and inventor, as well as the international application number and materials.
A simple signed copy of the Power of Attorney should be provided within three months from the national phase entry, and there is no requirement for an Assignment Deed between the applicant(s) and inventor(s) when entering the PCT national phase in China.
Examination of a PCT national phase patent application in China involves formal and substantive examinations. A request for substantive examination must be filed within three years from the international filing date or, if priority is claimed, from the priority date.
In China, there is a novelty grace period of six months prior to the international filing date. Disclosures during this period do not disprove the novelty of the invention under certain conditions, such as for public interests during a national emergency or if first exhibited at a recognized international exhibition.
Patents in China are valid for twenty years from the international filing date. The first annual fee is due at registration, and subsequent annual fees must be paid in advance before the anniversary of the international filing date. Late payment is possible within a six-month grace period by paying a corresponding surcharge.
The average processing time for the patent registration procedure in China is approximately 3 years. Utility Models in China, which are subject to formal examination only, can also be protected. However, the conversion of a patent application into a utility model and vice versa is not possible. The maximum protection period for a utility model in China is ten years from the international filing date.
Foreign applicants entering the national phase in China must appoint an agent, a Chinese patent attorney officially registered with the China National Intellectual Property Administration.
You can find the list of China IP firms here.